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President Obama waived a provision of federal law designed to prevent the supply of arms to terrorist groups to clear the way for the U.S. to provide military assistance to “vetted” opposition groups fighting Syrian dictator Bashar Assad.

Some elements of the Syrian opposition are associated with radical Islamic terrorist groups, including al Qaeda, which was responsible for the Sept. 11 attacks in New York, Washington, D.C., and Shanksville, Pa., in 2001. Assad’s regime is backed by Iran and Hezbollah.

The president, citing his authority under the Arms Export Control Act, announced today that he would “waive the prohibitions in sections 40 and 40A of the AECA related to such a transaction.”

Those two sections prohibit sending weaponry to countries described in section 40(d): “The prohibitions contained in this section apply with respect to a country if the Secretary of State determines that the government of that country has repeatedly provided support for acts of international terrorism,” Congress stated in the Arms Control Export Act.

“For purposes of this subsection, such acts shall include all activities that the Secretary determines willfully aid or abet the international proliferation of nuclear explosive devices to individuals or groups or willfully aid or abet an individual or groups in acquiring unsafeguarded special nuclear material,” the law continues.

The law allows the president to waive those prohibitions if he “determines that the transaction is essential to the national security interests of the United States.”

Under section 40(g) of the AECA, the Obama team must also provide Congress — at least 15 days before turning over the weapons — “the name of any country involved in the proposed transaction, the identity of any recipient of the items to be provided pursuant to the proposed transaction, and the anticipated use of those items,” along with a list of the weaponry to be provided, when they will be delivered, and why the transfer is key to American security interests.

Sen. Bob Corker, R-Tenn., and Sen. Carl Levin, D-Mich., endorsed providing military assistance to the Syrian opposition during an appearance on CBS’ “Face the Nation” Sunday.

“Our intelligence agencies, I think, have a very good handle on who to support and who not to support,” Corker said. “And there’s going to be mistakes. We understand some people are going to get arms that should not be getting arms. But we still should be doing everything we can to support the free Syrian opposition.”

From Consortium News: Despite the Obama administration’s supposedly “high confidence” regarding Syrian government guilt over the Aug. 21 chemical attack near Damascus, a dozen former U.S. military and intelligence officials are telling President Obama that they are picking up information that undercuts the Official Story.

By Ray McGovern, a 27-year CIA veteran, who chaired National Intelligence Estimates and personally delivered intelligence briefings to Presidents Ronald Reagan and George H.W. Bush, their Vice Presidents, Secretaries of State, the Joint Chiefs of Staff, and many other senior government officials

MEMORANDUM FOR: The President

FROM: Veteran Intelligence Professionals for Sanity (VIPS)

SUBJECT: Is Syria a Trap?

Precedence: IMMEDIATE

We regret to inform you that some of our former co-workers are telling us, categorically, that contrary to the claims of your administration, the most reliable intelligence shows that Bashar al-Assad was NOT responsible for the chemical incident that killed and injured Syrian civilians on August 21, and that British intelligence officials also know this. In writing this brief report, we choose to assume that you have not been fully informed because your advisers decided to afford you the opportunity for what is commonly known as “plausible denial.”

We have been down this road before – with President George W. Bush, to whom we addressed our first VIPS memorandumimmediately after Colin Powell’s Feb. 5, 2003 U.N. speech, in which he peddled fraudulent “intelligence” to support attacking Iraq. Then, also, we chose to give President Bush the benefit of the doubt, thinking he was being misled – or, at the least, very poorly advised.

Secretary of State John Kerry departs for a Sept. 6 trip to Europe where he plans to meet with officials to discuss the Syrian crisis and other issues. (State Department photo)

The fraudulent nature of Powell’s speech was a no-brainer. And so, that very afternoon we strongly urged your predecessor to “widen the discussion beyond … the circle of those advisers clearly bent on a war for which we see no compelling reason and from which we believe the unintended consequences are likely to be catastrophic.” We offer you the same advice today.

Our sources confirm that a chemical incident of some sort did cause fatalities and injuries on August 21 in a suburb of Damascus. They insist, however, that the incident was not the result of an attack by the Syrian Army using military-grade chemical weapons from its arsenal. That is the most salient fact, according to CIA officers working on the Syria issue. They tell us that CIA Director John Brennan is perpetrating a pre-Iraq-War-type fraud on members of Congress, the media, the public – and perhaps even you.

We have observed John Brennan closely over recent years and, sadly, we find what our former colleagues are now telling us easy to believe. Sadder still, this goes in spades for those of us who have worked with him personally; we give him zero credence. And that goes, as well, for his titular boss, Director of National Intelligence James Clapper, who has admitted he gave “clearly erroneous” sworn testimony to Congress denying NSA eavesdropping on Americans.

Intelligence Summary or Political Ploy?

That Secretary of State John Kerry would invoke Clapper’s name this week in Congressional testimony, in an apparent attempt to enhance the credibility of the four-page “Government Assessment” strikes us as odd. The more so, since it was, for some unexplained reason, not Clapper but the White House that released the “assessment.”

This is not a fine point. We know how these things are done. Although the “Government Assessment” is being sold to the media as an “intelligence summary,” it is a political, not an intelligence document. The drafters, massagers, and fixers avoided presenting essential detail. Moreover, they conceded upfront that, though they pinned “high confidence” on the assessment, it still fell “short of confirmation.”

Déjà Fraud: This brings a flashback to the famous Downing Street Minutes of July 23, 2002, on Iraq, The minutes record the Richard Dearlove, then head of British intelligence, reporting to Prime Minister Tony Blair and other senior officials that President Bush had decided to remove Saddam Hussein through military action that would be “justified by the conjunction of terrorism and WMD.” Dearlove had gotten the word from then-CIA Director George Tenet whom he visited at CIA headquarters on July 20.

The discussion that followed centered on the ephemeral nature of the evidence, prompting Dearlove to explain: “But the intelligence and facts were being fixed around the policy.” We are concerned that this is precisely what has happened with the “intelligence” on Syria.

The Intelligence

There is a growing body of evidence from numerous sources in the Middle East — mostly affiliated with the Syrian opposition and its supporters — providing a strong circumstantial case that the August 21 chemical incident was a pre-planned provocation by the Syrian opposition and its Saudi and Turkish supporters. The aim is reported to have been to create the kind of incident that would bring the United States into the war.

According to some reports, canisters containing chemical agent were brought into a suburb of Damascus, where they were then opened. Some people in the immediate vicinity died; others were injured.

We are unaware of any reliable evidence that a Syrian military rocket capable of carrying a chemical agent was fired into the area. In fact, we are aware of no reliable physical evidence to support the claim that this was a result of a strike by a Syrian military unit with expertise in chemical weapons.

In addition, we have learned that on August 13-14, 2013, Western-sponsored opposition forces in Turkey started advance preparations for a major, irregular military surge. Initial meetings between senior opposition military commanders and Qatari, Turkish and U.S. intelligence officials took place at the converted Turkish military garrison in Antakya, Hatay Province, now used as the command center and headquarters of the Free Syrian Army (FSA) and their foreign sponsors.

Senior opposition commanders who came from Istanbul pre-briefed the regional commanders on an imminent escalation in the fighting due to “a war-changing development,” which, in turn, would lead to a U.S.-led bombing of Syria.

At operations coordinating meetings at Antakya, attended by senior Turkish, Qatari and U.S. intelligence officials as well as senior commanders of the Syrian opposition, the Syrians were told that the bombing would start in a few days. Opposition leaders were ordered to prepare their forces quickly to exploit the U.S. bombing, march into Damascus, and remove the Bashar al-Assad government

The Qatari and Turkish intelligence officials assured the Syrian regional commanders that they would be provided with plenty of weapons for the coming offensive. And they were. A weapons distribution operation unprecedented in scope began in all opposition camps on August 21-23. The weapons were distributed from storehouses controlled by Qatari and Turkish intelligence under the tight supervision of U.S. intelligence officers.

Cui bono?

That the various groups trying to overthrow Syrian President Bashar al-Assad have ample incentive to get the U.S. more deeply involved in support of that effort is clear. Until now, it has not been quite as clear that the Netanyahu government in Israel has equally powerful incentive to get Washington more deeply engaged in yet another war in the area. But with outspoken urging coming from Israel and those Americans who lobby for Israeli interests, this priority Israeli objective is becoming crystal clear.

Reporter Judi Rudoren, writing from Jerusalem in an important article in Friday’s New York Times addresses Israeli motivation in an uncommonly candid way. Her article, titled “Israel Backs Limited Strike Against Syria,” notes that the Israelis have argued, quietly, that the best outcome for Syria’s two-and-a-half-year-old civil war, at least for the moment, is no outcome. Rudoren continues:

“For Jerusalem, the status quo, horrific as it may be from a humanitarian perspective, seems preferable to either a victory by Mr. Assad’s government and his Iranian backers or a strengthening of rebel groups, increasingly dominated by Sunni jihadis.

“‘This is a playoff situation in which you need both teams to lose, but at least you don’t want one to win — we’ll settle for a tie,’ said Alon Pinkas, a former Israeli consul general in New York. ‘Let them both bleed, hemorrhage to death: that’s the strategic thinking here. As long as this lingers, there’s no real threat from Syria.’”

We think this is the way Israel’s current leaders look at the situation in Syria, and that deeper U.S. involvement – albeit, initially, by “limited” military strikes – is likely to ensure that there is no early resolution of the conflict in Syria. The longer Sunni and Shia are at each other’s throats in Syria and in the wider region, the safer Israel calculates that it is.

That Syria’s main ally is Iran, with whom it has a mutual defense treaty, also plays a role in Israeli calculations. Iran’s leaders are not likely to be able to have much military impact in Syria, and Israel can highlight that as an embarrassment for Tehran.

Iran’s Role

Iran can readily be blamed by association and charged with all manner of provocation, real and imagined. Some have seen Israel’s hand in the provenance of the most damaging charges against Assad regarding chemical weapons and our experience suggests to us that such is supremely possible.

Possible also is a false-flag attack by an interested party resulting in the sinking or damaging, say, of one of the five U.S. destroyers now on patrol just west of Syria. Our mainstream media could be counted on to milk that for all it’s worth, and you would find yourself under still more pressure to widen U.S. military involvement in Syria – and perhaps beyond, against Iran.

Iran has joined those who blame the Syrian rebels for the August 21 chemical incident, and has been quick to warn the U.S. not to get more deeply involved. According to the Iranian English-channel Press TV, Iranian Foreign Minister Mohammad Javid Zarif has claimed: “The Syria crisis is a trap set by Zionist pressure groups for [the United States].”

Actually, he may be not far off the mark. But we think your advisers may be chary of entertaining this notion. Thus, we see as our continuing responsibility to try to get word to you so as to ensure that you and other decision makers are given the full picture.

Inevitable Retaliation

We hope your advisers have warned you that retaliation for attacks on Syrian are not a matter of IF, but rather WHERE and WHEN. Retaliation is inevitable. For example, terrorist strikes on U.S. embassies and other installations are likely to make what happened to the U.S. “Mission” in Benghazi on Sept. 11, 2012, look like a minor dust-up by comparison. One of us addressed this key consideration directly a week ago in an article titled “Possible Consequences of a U.S. Military Attack on Syria – Remembering the U.S. Marine Barracks Destruction in Beirut, 1983.”

Have y’all noticed the emerging liberal media spin on the opposition to US military intervention in Syria where the mediots insinuate or outright say that the reason most Americans aren’t behind us taking direct action there is due to the “deception over Iraq” – translation: Blame Bush? Of course, liberal politicos like Nancy Pelosi have repeated this talking point over and over again, and even former British Prime Minister Tony Blair, our staunchest ally during the Iraq war, has said more or less the same. But the media picking up with it and running with it as if its an unassailable assertion is a prime example of much of what is wrong with the US media today.

Is America war-weary? Absolutely. Between Afghanistan and Iraq, the American people are tired of seeing their sons and daughters come home with life-altering injuries, or in body bags, are tired of hearing about how the murders of innocents by jihadis are continuing in both Iraq and Afghanistan, NOT exactly what we signed on for when we went to war in both countries. Are some Americans understandably skeptical about the rationale given by the administration and their allies to date on why we “must” intervene in Syria, considering the massive stockpiles of WMD we thought were in Iraq that were never found there? Yes. Are these the only considerations the American people are taking when it comes to determining whether or not to support action in Syria? No.

The real issue here is not weariness and skepticism due to Iraq. It’s the fact that our celebrity President, the supposed “greatest speech-giver evahh!!!!” hasn’t made a convincing case to date on Syria action, nor have the doves-turned-hawks in his party, nor have his adoring press. Why do you think he’s going before the American people next week? Because the communications/PR effort on this issue has been a disaster from the get-go, and this administration knows it. And they also know the more information that comes out about the Christian-hating jihadi “rebel forces” who oppose Assad, the likelihood that the opposition to using force in Syria will continue to grow.

I don’t know why the White House doesn’t just send Syria’s Bashar al-Assad a map of where it intends to attack with Tomahawk and other missiles. The bottom line, however, is that this much heralded military adventure is unconstitutional. The President has no authority to initiate the use of the military against Syria.

This has not stopped presidents from engaging the nation in wars, but the last declaration of war, as specified in Article 1, Section 8, Clause 11, occurred on December 11, 1941 against Germany as a response to its formal declaration of war against the United States. Three days earlier Japan had attacked Pearl Harbor initiating a state of war.

As the Tenth Amendment Center points out, “Unless fending off a physical invasion or attack, the president is required to get a Congressional declaration of war before engaging in military hostilities in another country.”

Let us be clear about this. Syria has not declared war on the United States and, while the use of gas goes against an international convention against it, the Assad regime has already killed 100,000 Syrians in a civil war. Nor is Syria the only nation in the Middle East known to have used gas. Saddam Hussein gassed several thousand Kurds in Halabja, Iraq in 1988 and used it in his eight-year war against Iran. The West’s response was to do nothing except to condemn it.

As Daniel Pipes, president of the Middle East Forum, points out, “Warfare is a very serious business whose first imperative is to deploy forces to win—rather than to punish, make a statement, establish a symbolic point, or preen about one’s morality.”

President Obama’s first mode of governance is to make a speech and then to assume the problem is solved. From his very first speech in Cairo in 2009, those in charge in the Middle East interpreted his policies as weakness.

When President Clinton lobbed a few missiles by way of retaliation for al Qaeda attacks on U.S. embassies in Africa, Osama bin Laden concluded the U.S. was weak and set about planning the two attacks on the Twin Towers.

Dr. Pipes warns that “Bashar al-Assad’s notorious incompetence means his response cannot be anticipated. Western strikes could, among other possibilities, inadvertently lead to increased regime attacks on civilians, violence against Israel, an activation of sleeper cells in Western countries, or heightened dependence on Tehran. Surviving the strikes also permits Assad to boast that he defeated the United States.”

The Wall Street Journal opined that “there is no good outcome in Syria until Assad and his regime are gone. Military strikes that advance that goal—either by targeting Assad directly or crippling his army’s ability to fight—deserve the support of the American people and our international partners. That’s not what the Administration has in mind.”

What Obama has in mind is a symbolic attack in much the same way killing bin Laden was both necessary and symbolic. In making the announcement Obama declared “Yet his death does not mark the end of our effort. There’s no doubt that al Qaeda will continue to pursue attacks against us. We must –- and we will — remain vigilant at home and abroad,” adding that ”As we do, we must also reaffirm that the United States is not –- and never will be -– at war with Islam.”

Islam, however, is at war with the United States and the West. That is the declared aim of both al Qaeda and the Muslim Brotherhood.

The war in Syria is a civil war. There is no good outcome no matter whether the Assad regime wins or is overthrown. There is no strategic or tactical victory to be achieved by the United States in either case. Simply punishing the regime for using gas achieves nothing except to expend several million dollars’ worth of missiles.

The Tenth Amendment Center points out that “As they did in the war against Libya, those violating these strict constitutional limitations will like refer to an attack on Syria as something other than ‘war.’ But, changing the words they use to describe their actions doesn’t change the constitutional ramifications. Under the Constitution, a war is a war whether you call it a war or something else.”

The time is long past when America must address whether our military interventions in the Middle East have demonstrated any success. To date, they have not. The majority of Americans are opposed to an attack on Syria and both the Constitution and the collected wisdom of the public argue strongly against it.

We are, however, too far down the road thanks to the administration’s declared intention to do so. War it has been said is to be an extension of politics. We will witness a political gesture and one that is intended to demonstrate Obama is a leader internationally and domestically. He is neither.

It will be an attack on the constitutional powers of Congress as much as an attack on Syria.

Recent news of a chemical weapons attack in Syria smacks of desperation. The question comes down to who is most desperate right now, the Assad regime or the Muslim Brotherhood rebels? Consider that since June, Assad’s forces have been winning. According to a CBS News report from last month, victories for the rebels had become “increasingly rare” and that the Muslim Brotherhood-backed opposition fighters were sustaining “some of their heaviest losses” near Damascus.

The New York Times echoed this sentiment, even saying that before gaining the upper hand, concerns were that Assad would use chemical weapons; he did not.

In fact, even before Assad’s forces gained the momentum, a UN official reportedly found evidence of rebels using chemical weapons but no evidence Assad’s regime did. This, from a Washington Times article by Shaun Waterman dated May 6, 2013:

Testimony from victims strongly suggests it was the rebels, not the Syrian government, that used Sarin nerve gas during a recent incident in the revolution-wracked nation, a senior U.N. diplomat said Monday.

Carla del Ponte, a member of the U.N. Independent International Commission of Inquiry on Syria, told Swiss TV there were “strong, concrete suspicions but not yet incontrovertible proof,” that rebels seeking to oust Syrian strongman Bashar al-Assad had used the nerve agent.

But she said her panel had not yet seen any evidence of Syrian government forces using chemical weapons, according to the BBC, but she added that more investigation was needed. {emphasis ours}

Today, while the rebels are more desperate than they were at the time of that article, evidence of rebels using chemical weapons is available; evidence Assad’s regime has used them is not.

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